Ningbo Construction Waste Management

Original Language Title: 宁波市建筑垃圾管理办法

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Ningbo construction waste management

    (May 19, 2011, Ningbo Municipal People's Government for the 101th general meeting through May 31, 2011, Ningbo Municipal People's Government, the 186th promulgated as of September 1, 2011) Chapter I General provisions

    First to strengthen the management of construction waste, maintenance of city appearance and environmental sanitation, according to the People's Republic of China Law of prevention and control of environmental pollution by solid wastes and the People's Republic of China water pollution control law and the People's Republic of China Law on marine environmental protection, the city, Zhejiang Province, amenities and sanitation regulations, provisions of laws and regulations, combined with the city's actual, these measures are formulated.

Article within the administrative area of the city construction waste emission, transport, transit, eliminate, the use of such disposal activities, these measures shall apply.

    Construction waste in these measures refers to the construction of new construction, renovation or expansion, as well as buildings and structures demolition, repair, renovation process produces waste, disposable material, clay, mud and other debris. Third municipal city appearance and environmental sanitation administration authority is the Administrative Department of the construction waste management, is responsible for implementation of this approach.

Municipal city appearance and environmental sanitation administration agencies, departments of city appearance and environmental sanitation administration delegate specific responsibilities for construction waste management.

The County (City) departments of city appearance and environmental sanitation administration is responsible for the management of construction waste in the administrative area.

    Development, construction, economy, planning, water conservancy, environmental protection, marine, maritime, public security, land and natural resources, transportation and other sectors in accordance with their respective responsibilities, in collaboration with good management of construction waste in the city.

    The fourth construction waste reduction, recycling and environmentally sound disposal should follow, disposal of construction waste producers to take responsibility and the principle of land to dissolve.

Fifth of municipal and County (City) district people's Government should strengthen construction waste elimination sites, places of transit construction and comprehensive utilization of resources.

    Construction waste elimination sites, places of transit capacity should be gradually accepted and adapted to the amount of construction waste.

    Sixth city appearance and environmental sanitation administration authorities shall, together with the planning, construction, land resources, water, Ocean, marine, transportation and other sectors of the city construction waste elimination sites and places of transit construction planning, and incorporated into the overall urban planning.

    Chapter II construction waste disposal

Article seventh County (City) district people's Government shall, in accordance with the municipal construction waste elimination sites and places of transit construction planning, investment in the construction and operation construction waste elimination sites and places of transit, and publicize the absorptive sites, transit site location and can dissolve.

All units and individuals are not allowed to set up construction waste elimination sites and places of transit.

    Cities and counties (cities) and districts administrative departments in charge of sanitation construction waste elimination sites and relay site specific management.

    Article eighth County (City) district people's Government shall establish a special fund for construction waste disposal site construction, building construction waste elimination sites, transit places and counties (cities) areas dissolve place regulating compensation.

Nineth building garbage disposal fees by price administrative departments developed and published by the Administrative Department of sanitation.

    Construction waste disposal fee includes transportation and construction waste construction waste disposal fee.

Article tenth unit preparation of project feasibility study report or project application report should contain construction waste disposal.

    Construction company in bidding of construction engineering construction waste disposal should be set out in the tender documents and construction waste treatment fees as non-competition fees included in the project cost.

    11th construction units shall be commissioned in accordance with the approach the 14th article qualified as a construction waste management services enterprise license business process building waste, and construction waste management services contract.

12th construction waste disposal fee settlement carry out audit supervision system. Construction and building waste management services enterprises shall, in accordance with construction waste management services contract construction waste disposal fee settlement agreement.

Construction waste disposal fee settlement agreements shall be stipulated by the construction unit and construction waste management services together to provide a performance bond to guarantee and management by banks and other financial institutions, as a third party.

    Project pre-construction, construction construction waste disposal fee settlement agreement should be reported to the city appearance and environmental sanitation administration authorities and relevant competent administrative departments of industry.

13th the construction unit shall prepare a construction waste disposal programs, and construction project before commencement of construction works is located in the County (City) departments of city appearance and environmental sanitation administration record.

Construction waste disposal programmes should include the following:

(A) project name and location;

(B) the employer, construction, supervision, construction waste management service name and the name of the legal representative of the enterprise;

(C) the duration, type and quantity of transport;

(D) construction waste pollution prevention measures;

    (E) transport vehicles and ships, transportation routes and eliminate space.

14th eligibility criteria for construction waste management services enterprise license, subject to the following conditions:

(A) have the status of enterprise legal persons;

(Ii) which satisfy the requirements of excavators, bulldozers, washing machines and other equipment;

(C) has more than 20 10-ton transport vehicles and their drivers and private car park, transport vehicles is valid road transport operator certificate;

(D) engaged in water transportation enterprises of construction waste should be configured with Terminal berthing support 2 more ships, ships have a valid technical certificates and certificates of nationality of a ship, and in accordance with criteria fixed high enough to ensure the safety of ships qualified crew;

(E) the management of more than 100 square meters and office facilities;

(Vi) 10 or more management and technical personnel;

(G) control and emergency plans;

(VIII) other conditions stipulated by the municipal people's Government.

Conditions of the applicant's application in accordance with the preceding paragraph, by the municipal departments of city appearance and environmental sanitation Administration make a written decision on approving an administrative license and issuing the qualification certificates of the enterprises of construction waste management services; applicant's application does not meet the conditions of the preceding paragraph, by the municipal departments of city appearance and environmental sanitation Administration made no written decision together with the reasons for the administrative license.

    Municipal Department of city appearance and environmental sanitation administration according to construction waste management services business development, on the first paragraph of this article, the fourth requirement of license conditions for proper adjustment, submitted to the municipal people's Government for approval.

    15th no unit or individual is allowed to deception, bribery or other improper means to acquire or alter, resell, lease, lend or otherwise transfer the construction waste management services enterprise qualification certificate.

16th article qualification of construction waste management services enterprise license valid for 2 years.

Departments of municipal city appearance and environmental sanitation Administration on construction waste management services enterprises qualified organization within the period of validity of the relevant departments of the enterprise credit evaluation of construction waste management services and examination results as a basis for continued validity of credit.

    Construction waste management services enterprise credit assessment of specific measures by the municipal departments of city appearance and environmental sanitation administration together with the building, marine, marine, police, water, transportation and other departments to develop and implement.

17th construction waste transport vehicles, ships shall, according to prescribed spraying company name quality and amplified, the determination of the number plate.

    Construction waste transport vehicles and vessels in operation, shall conform to the relevant airtight transport requirements, using the global positioning system, automatic identification system and waste-dumping dynamic regulation and other regulatory devices, and regulated by the Department of city appearance and environmental sanitation administration building waste information system monitoring.

    18th the overland transport of construction waste route, time, the Department of city appearance and environmental sanitation administration together with public security and traffic administrative departments consultations; construction waste transportation on water routes, timing by the maritime administrative agency in conjunction with the water conservancy administrative departments, Department of marine administration, traffic Administrative Department for consultation. 19th construction waste transportation, and transportation card system.

Construction waste management services companies before the carrier, the construction unit shall complete construction waste quantity, the carrier vehicle shipping number plate, such matters as transportation routes and eliminate places respectively to submit form construction waste management services business, where the County (City) area of city appearance and environmental sanitation administration departments, eliminate places and places of transit management unit.

Construction waste management services enterprises shall, in accordance with transportation card indicate the route, time of construction waste shipped to the competent Department of building of city appearance and environmental sanitation Administration to dissolve places and transit sites, while made to dissolve places and places of transit management unit of construction waste for transport to dissolve settlement voucher.

Construction waste management services enterprises shall use city appearance and environmental sanitation administration authorities and construction unit to verify elimination on settlement voucher according to the actual settlement disposal of construction waste transportation.

    Form, dissolve and settlement documents and the transportation departments of the municipal city appearance and environmental sanitation administration printed.

20th construction site, construction waste elimination sites and places of transit shall comply with the following requirements: (A) set a continuous, closed wall and the surrounding landscaping. Main roads in this city and cityscape road and the airport, port, station square set wall, the height shall be not less than 2.5 metres.

Set in other sections of wall, the height shall be not less than 1.8 metres;

(B) the site entrance road should be hardened and kept tidy and in good condition;

(C) configure vehicle cleaning waterways, drainage, sewage sedimentation facilities, lighting, fire-fighting equipment, vehicles and high pressure washing equipment and related machinery and equipment, and maintain effective use;

(D) the transport vehicles shall, in addition to mud, wash, totally enclosed rear will be allowed out of the workplace;

(E) with a corresponding management and cleaning personnel, operations accounting is complete;

(F) in accordance with the requirements set for video surveillance systems and electronic information transmission system, and regulated by the Department of city appearance and environmental sanitation administration building waste information system monitoring.

Construction waste transfer sites should also meet the following requirements:

(A) transit terminals shall set sorting construction waste temporary storage yard, and the corresponding equipment;

    (B) to slurry the relay pool wall firmly, storage capacity of more than 1000 cubic meters, equipped with 2 above pump.

21st construction units, construction waste management services businesses and individuals should be in accordance with the regulations disposal of construction waste, are not free to dump construction debris.

The following actions are forbidden:

(A) to a river, Lake, Canal, channel, reservoir management and dumping of construction waste within the scope of protection;

(B) to the land used for roads and highways and the dumping of construction waste in the port and channel;

(C) mixed with household waste, industrial waste and other construction waste hazardous waste;

    (D) on construction waste elimination sites and places of transit other than discarding, littering, dumping construction waste.

22nd no unit or individual without approval of the national marine administrative departments shall not be dumping of construction waste into the sea.

    Need dumping of construction waste into the sea, should be in accordance with the People's Republic of China marine environmental protection law and other laws and regulations submitted to the approval of, in specified waters dumping in the context of the specified types of construction waste.

    Chapter III construction waste recycling

23rd classification management, centralized disposal of building waste, maximize resource utilization of construction waste.

Economic administrative departments shall, together with the amenities, environmental protection, construction, planning, land and resources Department of building waste resource utilization planning and implementation.

    Construction unit should be based on resource utilization of construction waste planning development of construction waste recycling programmes, economic administrative departments and departments of city appearance and environmental sanitation administration record.

24th article of the city actively support the construction waste recycling project, to encourage the production, sale and use of construction waste resource utilization of preferential policies.

    Construction waste recycling company in accordance with national, provincial and municipal relevant provisions of tax breaks, credits, electricity prices and other concessions.

    25th new construction, renovation or expansion projects within technical and economical, should give priority to resource utilization of construction waste products.

    Article 26th construction waste recycling project of enterprise shall not be replaced by other materials of construction waste production and resource utilization of construction waste products.

    27th the employer shall give priority to projects in the field of recycling of construction waste; cannot use of construction waste, building waste management service as provided herein to the absorptive places and transit sites.

28th to encourage construction waste that cannot be recycled on site transfers to other construction sites.

Construction units need to transfer information of construction waste should be sent to the Department of city appearance and environmental sanitation administration building waste management information system.

    Need for resource utilization of construction garbage units shall submit an application to the local administrative Department of sanitation, the Department of city appearance and environmental sanitation Administration transfers.

    Supervision and administration of the fourth chapter

29th of municipal departments of city appearance and environmental sanitation administration shall establish a construction waste management information system, and other relevant administrative departments to implement regulatory information resources sharing.

Following regulatory information about administrative departments should realize information resources sharing:

(A) the departments of city appearance and environmental sanitation administration procedures of the disposal permit and regulatory information;

(B) building construction license information provided by the administrative departments;

(C) public security organs traffic management Department of vehicle number plate information, construction and garbage routes and timing information;

(D) construction waste provided by the traffic Administrative Department of transport road transport licensing, vehicle driver qualifications, investigating the highway and highway land and Harbor in the case of dumping of construction waste and other information;

    (E) information about the administrative law-enforcement departments to investigate violations.

    Article 30th activities related to administration of supervision and management of construction waste disposal needs other administrative departments to facilitate the provision of relevant information or expert advice to assist departments shall, within seven working days to provide the relevant information or expert advice, not prevarication or charge any fee complex extension is required, reasons shall be given for the period and promised to provide assistance.

    31st city appearance and environmental sanitation, water, marine and other administrative departments in the management of construction waste disposal organize special joint law enforcement operations, shall cooperate with the other relevant competent administrative departments, assist. Article 32nd relevant administrative departments found in the supervision and management of construction waste disposal violations that do not belong to the jurisdiction of the Department, shall promptly inform about violations committed have jurisdiction over the administration of departments.

    The Administrative Department that has jurisdiction shall be filed in a timely manner and dealt with according to law.

    The fifth chapter legal liability

    33rd article violates provisions of the second paragraph of this article seventh, the Department of city appearance and environmental sanitation Administration ordered to rectify, and fined a maximum of between 50,000 yuan and 30,000 yuan.

    34th in violation of the provisions of article tenth, comes from the Government authorities in the project approval, approval, for the record to deal with.

    35th article violates this way 11th section, the construction unit has appointed in accordance with this approach the 14th article qualified as a construction waste management services enterprise license business without emissions, transportation of construction waste, handled by the construction Administrative Department in accordance with the relevant provisions, and the Department of city appearance and environmental sanitation administration penalty of between 50,000 yuan and 100,000 yuan.

    36th disobey the 12th paragraph of article construction is not construction waste disposal fee settlement agreement city appearance and environmental sanitation administration sector and the industry administrative departments from the industry administrative departments be dealt with in accordance with the provisions of relevant laws and regulations.

    37th disobey the 13th article, construction waste disposal programme was not reported to the competent departments of city appearance and environmental sanitation administration, the Department of city appearance and environmental sanitation Administration ordered to rectify, and fined a maximum of between 50,000 yuan and 20,000 yuan; record of construction waste disposal programme is not consistent with the actual situation, ordered to rectify, and fined a maximum of 5000 Yuan and 20,000 yuan.

    Article 38th disobey article 14th, did not obtain the qualification for construction waste management services enterprise license without emissions, transportation of construction waste, be ordered by the competent departments of city appearance and environmental sanitation administration deadline to clean up its, and fines of between 50,000 yuan and 100,000 yuan; fails to clear, the Department of city appearance and environmental sanitation Administration on behalf of the clearing, the costs borne by the violation.

    The 39th article violates this article approaches its 15th, obtained by fraud, bribery or other improper means, or alter, resell, lease, lend or otherwise transfer the construction waste management services enterprise qualification certificate, be revoked by the Department of city appearance and environmental sanitation administration, and fined a maximum of between 50,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    40th article violates this article 17th paragraph, without the required printing company name quality and enlarge the number plate, approved by the public security organs traffic management departments in accordance with the relevant laws and regulations for punishment.

41st article violates these measures stipulated in article 17th and 18th, one of any of the following acts shall be ordered to correct within, and concurrently impose a fine of less than 500 Yuan more than 5000 Yuan:

(A) does not meet the transport requirements of airtight;

(Ii) does not use the global positioning system, automatic identification system and waste-dumping dynamic regulation and other regulatory devices;

(C) not complying with the provisions of the route, time of the road.

    Violation of the provisions of the first paragraph of this article, land transport carried out by the competent departments of city appearance and environmental sanitation administration punishment; maritime transport by the maritime administrative agency in accordance with the relevant laws and regulations and the provisions of the first paragraph of this article penalty;

    42nd disobey the 20th article, failure to implement management of construction unit, the Department of city appearance and environmental sanitation administration or construction Administrative Department in accordance with the laws, regulations, regulatory penalties; absorptive sites and relay terminal operations management unit of the Department of city appearance and environmental sanitation Administration ordered to rectify, and hold managers accountable.

    43rd violates the first provision of the second paragraph of this article 21st, by the Administrative Department of environmental protection in accordance with the People's Republic of China Law of prevention and control of environmental pollution by solid wastes and the People's Republic of China Law on water pollution prevention and control regulations penalties or by the water conservancy Administrative Department in accordance with the People's Republic of China water law and other laws and regulations for punishment.

    44th violates the second provision of the second paragraph of this article 21st, to road and highway land, waterways, ports to dump construction waste, by traffic administrative departments or the maritime administration in accordance with the People's Republic of China Highway Act and the People's Republic of China ports act and other laws and regulations for punishment.

    45th in violation of provisions of the second paragraph of this article 21st the third, the departments of city appearance and environmental sanitation administration order the rectification, and fined a maximum of between 3000 and 500 Yuan.

    46th article violation this approach 21st article second paragraph fourth items, and 22nd article provides, to land discarded, and left sub, and dumping building garbage of, by city sanitation administrative competent sector ordered its deadline cleanup, and at 10,000 yuan above 50,000 yuan following fine; to marine discarded, and left sub, and dumping building garbage of, by marine administrative competent sector according to People's Republic of China marine environmental protection method for punishment; late not cleanup of, can on behalf of cleanup, by needed costs by violations people bear.

47th disobey article 23rd, 25th, 26th, 27th article, any of the following acts, economic administrative departments of correction and fined a maximum of between 50,000 yuan and 10,000 Yuan:

(A) the construction waste recycling programmes were not reported to the economic cooperation administration authorities;

(B) did not give priority to the use of construction waste recycling;

(C) to substitute other materials of construction waste production and resource utilization of construction waste products;

    (D) does not use recycle of construction waste.

    48th article violates provisions of the first paragraph of this article 51st, disposed of by the competent departments of city appearance and environmental sanitation administration penalty of between 1000 Yuan and 20,000 yuan.

49th article city sanitation, and police, and environmental, and marine, and maritime, and water, and traffic, sector and subdistrict offices, and township government and staff has following behavior one of of, by its appointment organ on its head, and directly responsibility personnel be ordered check, and informed criticism, and ordered corrected; plot serious of, law give administrative sanctions; to party caused loss of, law should to compensation; constitute crime of, law held criminal:

(A) violation of licensing, construction waste management services enterprises qualified as provided herein;

(B) does not assist the relevant Administrative Department for construction waste management or the case should be handed over to the relevant administrative departments without transfer;

(C) these measures are not in the 29th, 30th, requires management of information not to realize information resources sharing or construction waste management information and relevant information is not provided;

    (D) other acts of dereliction of duty, abuse of power, favoritism.

    The sixth chapter supplementary articles 50th Street, Township people's Government is responsible for the sporadic construction waste management within their respective jurisdictions.

    Neighbourhood or village Committee or the property management company subdistrict offices, Township people's Government delegate in charge of isolated construction waste management.

51st sporadic construction waste requiring disposal of units and individuals shall project location neighbourhood or village Committee or apply for disposal of property management companies to be registered, and or paid delegate construction waste management services business construction waste shipped to the specified elimination on places and transit sites.

    Isolated construction waste referred to in the preceding paragraph, refers to units of Office (Office hours) or residential renovation ten cubic meters of construction waste. 52nd these measures come into force on September 1, 2011. The project of Ningbo urban construction waste and waste disposal regulations (May 15, 2000 city, 79th) repealed simultaneously.

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